LO 0808 Civil Minor Acts :
Objectives of
the Course : This Course covers subjects that a civil practitioner needs to
address very often. The aim of the course is to introduce the students the knowledge
law with respect to Interest, Civil Courts, Suits Valuation, Court Fees,
Registration of documents, Stamp duties and Negotiable Instruments.
Module 01
|
The Interest Act,
1978 :
1.
Object, application and definitions under the
Act
2.
Power of court to allow interest
3.
Effect of provisions relating to interest in
other statutes
4.
Section 34 of the Civil Procedure Code
5.
Powers of an arbitrator to award interest
|
Module 02
|
The Maharashtra
Civil Courts Act, 1869 :
1.
Object, application and definitions under the
Act
2.
District Courts, Joint District Judges and
Additional District Judges
3.
Civil Judges - Appointment, Jurisdiction,
Classes of Civil Judges, Transfer of
Suits and Appeals
4.
Temporary Vacancies
|
Module 03
|
The Suits Valuation
Act, 1887 :
1.
Object, application and definitions under the
Act
2.
Valuation for Suits relating to Land
3.
Valuation in other Suits
4.
Objections in Appeals to over valuation or
under valuation
|
Module 04
|
The Maharashtra
Court Fees Act, 1959 :
1.
Object, application and definitions under the
Act
2.
Rule Regarding to the Valuation of Suits
3.
Court fees, Nature of levy
4.
Documents chargeable to court-fees, Plaint and
counter-claims
5.
Exempted documents, Mandatory nature of
payment
6.
Computation of court fees, Fixed fees and
ad-valorem fees, Modes of collecting court fees, Cancellation of stamp
7.
Decision of questions as to valuation
8.
Refund of court fees
9.
Multifarious suits
|
Module 05
|
The Registration
Act, 1908 :
1.
Object, application and definitions under the
Act
2.
Establishment of Authorities, their Powers and
Duties, Register - Books
3.
Registrable Documents - compulsory, optional,
contents of documents
4.
Time of Presentation and place for
Registration
5.
Procedure of Registration
6.
Registration and Deposit of wills
7.
Inspection and copies of Books and Indexes
Registration
8.
Effect of Registration and Non-registration
9.
Refusal to Register, Grounds for refusal
|
Module 06
|
The Maharashtra
Stamp Act, 1958 :
1.
Object, application and definitions under the
Act
2.
Authorities under the Act and their powers and
functions
3.
Liability of Instruments to Duty
4.
Stamps and mode of using them
|
5. Valuations
for Duty
6. Duty
by whom Payable
7. Adjudication
as to Stamps
8. Instruments
not duly Stamped
9. Offence,
Penalties and Procedure
Module
07 The Negotiable Instruments Act, 1881
:
1. A
negotiable instrument, types, definitions
2. Essential
features of negotiable instruments, and type of instrument, Instruments payable
to order or to bearer, payable at specified time or on demand
3. Maturity
of an instrument
4. Parties
to negotiable instruments, their rights and liabilities
5. Negotiation
– Meaning, Requirements, Types of endorsements, Modes of negotiation, Who can
negotiate?, Effect of negotiation by various modes, Negotiation in particular
cases (Sections 57-59), Period of negotiation (Section 60)
6. Presentment
- Purposes of presentment, Time for presentment, Place of presentment,
Presented to whom? Effective presentment, Delay in presentment, When is
presentment not necessary? Liability of banker for negligent dealing
7. Payment
and Interest, Delivery of instrument, Immunity to bankers
8. Discharge
from liability on negotiable instruments, Modes of discharge
9. Dishonour,
Modes of dishonor, Notice of dishonor, Noting and protest
10. Acceptance
and payment for honour and reference in case of need
11. Compensation
12. Rules
of evidence, Presumptions and estoppel
13. Crossed
cheques
14. Bills
in sets
15. Penalties
in case of dishonor, Criminal liability, Procedure
Recommended Readings :
1. Mulla,
The Registration Act, 13th ed, K
Kannan (ed), LexisNexis, 2016.
2. Malik’s
Commentary on The Registration Act 1908
with State Amendments, 4th ed, Delhi Law House, 2016.
3. Sanjiva
Row, Registration Act, 15th ed, Law
Publishers, 2015.
4. K
Krishnamurthy’s The Indian Stamp Act,
12th ed, M R Hariharan Nair and Boris Paul (ed), LexisNexis, 2017.
5. Sunil
Dighe, The Maharashtra Stamp Act,
Snow White Publications, 2017.
6. Mahendra
Jain and H M Bhatt, The Maharashtra Stamp
Act 1958, Law Times, 2017.
7. A
N Khanna, Law of Court Fees and Suits
Valuation, 8th ed, Universal Law Publishing, 2011.
8. MLJ
Manual on the Court Fees Act 1870,
LexisNexis, 2017.
9. Khergamvala on the Negotiable Instruments
Act as amended by Negotiable Instruments (Amendment) Act 2015, S Abdul
Khader Kunju ed., 22nd ed, LexisNexis, 2017.
10. D S
Chopra, A Commentary on Sale of Goods,
Partnership and Negotiable Instruments, Thomson Reuters, 2016.